Comparison

Popular name of law	FMLA Family Medical Leave Act	Sick Leave Law None	ADA Americans with Disabilities Act	CDL California Disability Law	PDLL Pregnancy Disability Leave Law	Pregnancy Pregnancy Discrimination Law	WCAB Worker's Compensation
Where to find Law	FMLA: 29 U.S.C.§§ 2601-2654 CFRA: California Government Code §§ 12945.1- 12945.2	California Labor Code § 233	42 U.S.C.§§ 12101-12213	California Government Code §§ 12926, 12940	California Government Code § 12945	California Government Code § 12945	California Labor Code §§ 132(a),3200-6149
Basic Purpose	Family and Medical leave rights for employee or for care of parent, spouse or child	Use of employer provided sick leave benefits for care of parent, spouse, child or domestic partner	"Reasonable accommodation" (i.e., affirmative action) and non-discrimination for physically and mentally disabled employees	Same as ADA, but greater protections	Reasonable accommodation and non-discrimination for temporarily, physically-disabled pregnant employees	Reasonable accommodation and non-discrimination for non-disabled pregnant employees	Benefits for employees who are temporarily or permanently disabled because of work related injuries or illness
Number of Employees	50 or more	All	15 or more	5 or more	5 or more	5 or more	All
Eligibility Rules	12 or more months of service for employer (need not be consecutive) Employed more than 1250 hours in 12 months preceding leave At facility with 50 or more employees within 75 miles	To be eligible the employer must already provide paid sick leave	None	None	None	None	None
Right to a Leave?	Yes, by statute	No	Yes, by regulation	Yes, by regulation	Yes, by statute	By statute, but only if provided to other temporarily disabled employees	Yes, by statute
Pay Status during Leave	Unpaid, except employee may use certain paid time	Paid (sick leave is defined as "accrued" increments of compensated leave)	Unpaid, but may not discriminate	Unpaid, but may not discriminate	Unpaid, but may not discriminate. If employer has 15 or more employees and pays for other temporary disability leaves, employer is only required to pay 6 weeks of accrued, paid leave regardless of policy	Unpaid, but may not discriminate between pregnancy and other temporary disabilities	Unpaid, but may not discriminate between work-related and other leaves
Mandatory Use of Vacation or Sick Pay?	Employer may require (or employee decide) to use vacation pay, or paid sick time (even if leave is for care of relative)	Sick Pay	Employer may require (or employee decide) to use vacation pay, or paid sick time	Employer may require (or employee decide) to use vacation pay, or paid sick time	Employer can mandate only use of paid sick time, not vacation or other paid time off	Employer can mandate only use of paid sick time, not vacation or other paid time off	No
Maximum Length of Leave	12 workweeks per leave year	Allows employee to use maximum sick leave earned in 6 months of every calendar year to care for sick child, parent or spouse	Indeterminate; not limited to 12 weeks	Indeterminate; not limited to 12 weeks	4 months per pregnancy	Partial days' absences; additional leave if permitted for other temporarily disabled employees	Indeterminate
Intermittent Leave or Reduced Schedule Required?	Yes, by statute	Per employer sick leave policy	Yes, part-time and modified work schedules are reasonable accommodations, although case law recognizes that regular attendance may be an essential job function	Yes, part-time and modified work schedules are reasonable accommodations, although case law recognizes that regular attendance may be an essential job function	Yes, by regulation	Yes, partial days' absences	Yes, by implication, but subject to business realities defense
Mandated Group Insurance Coverage	Yes, by statute health insurance must be continued on same basis as active employees. (Under CFRA only required for 12 workweeks even if more time is available); other coverages need not be maintained (except may not but must be reinstated at end of leave	No	No, but may not discriminate	No, but may not discriminate	No, but may not discriminate	No, but may not discriminate	No, but may not discriminate
Obligation to Provide Light Duty	No, and if it is provided, employer cannot force employee to take light duty if employee qualifies for FMLA leave	No	Yes, if employee can still perform essential job functions. transfer to a different vacant job may be required "reasonable accommodation"	Yes, if employee can still perform essential job functions. transfer to a different vacant job may be required "reasonable accommodation"	Yes, unless employer can prove that light duty or transfer cannot be reasonably accommodated	Yes, unless employer can prove that light duty or transfer cannot be reasonably accommodated	Yes, unless justified by business realities
Reinstatement Right to Old Job	Yes, by statute Defenses: 1) Would have lost job if not on leave 2)Key employee	Not applicable	Yes, by implication, if leave mandated as reasonable accomidation Defense: Undue hardship would result	Yes, by implication, if leave mandated as reasonable accomidation Defense: Undue hardship would result	Yes, by regulation to original job Defenses: 1) Would have lost job if not on leave 2) Each means of preserving job would undermine employer's ability to operate safely and efficiently If so, must reinstate to comparable job (a job is "available" if open on scheduled date of reinstatement or within 10 days thereafter)	Yes, by regulation to original job Defenses: 1) Would have lost job if not on leave 2) Each means of preserving job would undermine employer's ability to operate safely and efficiently If so, must reinstate to comparable job (a job is "available" if open on scheduled date of reinstatement or within 10 days thereafter)	Yes, by case law Defenses: 1) Employer reasonably believes employee can't perform job without undue risk or reinjury 2) If replacement was necessary due to business realities 3) If employer reasonably believes employee is permanently disabled
Can Medical Certification Be Required	Yes	If required by sick leave policy	Yes	Yes	Yes	Yes	Yes
Second/Third Medical Opinion	FMLA: Yes, but not by doctor regularly used by employer CFRA; only for employee, not for spouse, parent, or child	If required by sick leave policy	Yes	Yes	Not permitted	Not permitted	Yes, for underlying injury only